Opinion
Submitted March 21, 1969.
April 1, 1969.
Petition for post-conviction relief. Appeal, No. 232, Oct. T., 1969, from order of Court of Oyer and Terminer of Lackawanna County, Feb. T., 1954, No. 12, opinion by ROBINSON, P.J. Submitted March 21, 1969.
John J. Brier, Assistant Public Defender, for appellant; James E. O'Brien, Assistant District Attorney, and Joseph J. Cimino, District Attorney, for Commonwealth, appellee.
The order of the court below dismissing appellant's petition under the Post Conviction Hearing Act is vacated and the case remanded for a hearing to determine whether appellant waived the assistance of counsel at the time pleas of guilty were entered.
WRIGHT, P.J., would affirm the order of the court below.